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Home My WebLink About3.0 Resolution 2020-15IMI NFdl kri[INION NATiarMIVI KIAL* 1I 111 Reception#: 934188 11AOF652Rsc Fee:$Q.O Doc03:00:56 PM,ean Fee:0.80rloo GARFIELD COUNTY CO STATE OF COLORADO )ss County of Garfield At a regular meeting of the Board of County Commissioners for Garfield County, Colorado, held in the Commissioners' Meeting Room, Garfield County Administration Building in Glenwood Springs on Monday, the 16`" day of March A.D. 2020, there were present: John Martin , Commissioner Chairman Mike Samson , Commissioner Tom Jankovsky , Commissioner Tari Williams , County Attorney (Absent) Kelly Cave , Assistant County Attorney Jean Alberico , Clerk of the Board (Absent) Kevin Batchelder , County Manager when the following proceedings, among others were had and done, to -wit: RESOLUTION NO. 3-0."2.0 - 155 A RESOLUTION OF APPROVAL FOR A LAND USE CHANGE PERMIT FOR A SMALL KENNEL (LIPA-12-19-8763), ON A 2 ACRE PROPERTY OWNED BY HOWARD AND LESLIE KANCILIA, SOUTHWEST OF THE TOWN OF SILT. THE PROPERTY IS LOCATED AT 6301 COUNTY ROAD 346, SILT, CO 81652 AND IN SECTION 9, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN, GARFIELD COUNTY PARCEL NUMBER: 217909300328 Recitals A. The Board of County Commissioners of Garfield County, Colorado, "Board" received a request for a Land Use Change Permit to allow for a Small Kennel. B. The Small Kennel, will be located on an approximately 2 acre parcel owned by Howard and Leslie Kancilia. C. The subject property is located within unincorporated Garfield County in the Rural zone district and southwest of the Town of Silt, Colorado and accessed off of County Road 346. The property is further described by the Warranty Deed recorded with the Garfield County Clerk and Recorder at Reception Number 351879. 1 1111ATIMAN,l' lei de 11111 Receptlan#: 93+4188 04/15/2020 03:00:58 PM Jean Rlberioo 2 of 5 Reo Fee:$0.00 Doo Fee:0.00 GRRFIELD COUNTY CO D. A Small Kennel may be permitted in the Rural zone district with a Limited Impact Review. E. The Board is authorized to approve, deny or approve with conditions a Limited Impact application resulting in issuance of a Land Use Change Permit pursuant to the Garfield County Land Use and Development Code of 2013, as amended. F. The Board opened a public hearing on the 16th day of March 2020, for consideration of whether the proposed Land Use Change Permit should be granted or denied, during which hearing the public and interested persons were given the opportunity to express their opinions regarding the request. G. The Board closed the public hearing on the 16th day of March 2020 to make a final decision. H. The Board on the basis of substantial competent evidence produced at the aforementioned hearing, has made the following determinations of fact: 1. That proper public notice was provided as required for the hearing before the Board of County Commissioners. 2. The hearing before the Board of County Conunissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the reasons stated herein and other reasons the proposed Land Use Change Permit for the Kennel, Small is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of the Conditions of Approval the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended. RESOLUTION NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Garfield County, Colorado, that: A. The forgoing Recitals are incorporated by this reference as part of the resolution. B. The Land Use Change Permit for a Small Kennel is hereby approved subject to compliance with the following conditions: 2 1111 rall3M111P. MINIPIONITI O'Lllii11111 Rception#: 934188 04115/2O20 03:00:56 PM Jean Alberioo 3 of 5 Rao Fee:$0.00 Doc Fee:0.00 GARFIELD COUNTY CO Conditions Prior to Issuance of Land Use Change Permit 1. Prior to the issuance of the Land Use Change Permit, the applicant shall submit a Division of Water Resources well permit to allow for the Kennel use. 2. Prior to the issuance of the Land Use Change Permit, the applicant shall supply a pump test that meets Garfield County requirements. If the test is not adequate, the applicant shall submit a plan to maintain adequate and physical water for the facility from a qualified professional. That plan shall be acceptable to the Community Development Department. Additional testing and installation of infrastructure may be required. 3. Prior to the issuance of the Land Use Change Permit, the applicant shall supply a water quality test that meets Land Use and Development Code requirements. If the test does not meet applicable requirements, the applicant shall submit a plan from a qualified professional to bring the water quality into compliance. This plan shall be acceptable to Community Development Department. Additional testing and installation of infrastructure may be required. 4. Prior to the issuance of the Land Use Change Permit, the applicant shall obtain any required sign permits for the property. 5. Prior to the issuance of the Land Use Change Pennit, the applicant shall provide a copy of the required state Kennel license. Other Conditions of Approval 6. All representations made by the Applicant in the application shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 7. The operation of the Kennel, Large shall be done in accordance with all applicable Federal, State, and local regulations governing the operation of this type of facility. 8. The kennel is limited to eight dogs at any one time. 9. Animal waste shall be picked up promptly and stored in a manner to prevent it from contaminating groundwater. Animal waste shall be disposed of off-site and in compliance with any applicable requirements. 3 11111TI''1 It45§N1i11'll I!ki iIYaiVI MPj IIAI i 11 ill RecepULon#: 934388 04/15/2020 03:00:56 PM Jean Alberloo 4 oI 5 Rec Fee:$0.00 Doo Fee:0,00 GARFIELD COUNTY CO 10. The facility shall operate as detailed in the Colorado Parks and Wildlife referral comment (Exhibit 13) except for the required installation of a top panel to prevent access to the kennel by mountain lions. 11. The facility shall maintain compliance with Section 7-306 Lighting of the Land Use and Development Code of 2013, as amended, with all lighting to be directed inward and downward toward the interior of the site. 12. It is recommended that an effluent filter be installed for the Onsite Wastewater Treatment System, that the soil treatment area is assessed, and that routine maintenance is performed on the system. 13. The facility shall maintain compliance with State and County requirements for noise. 14. No vehicle backing onto the County Road is permitted. 2 -it I Dated this 1 J � day of ATTEST: , A.D. 20 b LINTY BOARD OF S, GARFIELD Clerk of the Board Upon motion duly made and seconded the foregoing Pesolutiodopted by the following vote: COMMISSIONER CHAIR JOHN F. MARTIN COMMISSIONER MIKE SAMSON COMMISSIONER TOM JANKOVSKY , Aye Aye , Aye 4 X111KriAMOR) 'ii 4114134 11111 Reception#: 934188 04116!21320 03:00:56 PM Jean Rlberlco 5 of 6 Rec Fee.$0.CQ Doc Fee:0.00 GRRFIELD COUNTY CO STATE OF COLORADO ) )ss County of Garfield ) I, , County Clerk and ex -officio Clerk of the Board of County Corrunissioners, in and for the County and State aforesaid, do hereby certify that the annexed and foregoing Resolution is truly copied from the Records of the Proceeding of the Board of County Commissioners for said Garfield County, now in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of , A.D. 20 County Clerk and ex -officio Clerk of the Board of County Commissioners 5